Chambers v. Fisk

Texas Supreme Court
Chambers v. Fisk, 9 Tex. 261 (Tex. 1852)
Lipscomb

Chambers v. Fisk

Opinion of the Court

Lipscomb, J.

It seems to us that the record presents three different cases, and as such we are bound to consider them. In actions for damages for a trespass it is not uncommon for the defendants to sever in their pleading, and some of them may not defend at all; ahd in cases of joint promissors some of them may not plead, or plead different from the others: in all such cases there should be but one final judgment. But in a suit like the present there must be a distinction, as they, the defendants, would not be jointly liable, and the final judgment could not be joint. IVe therefore believe that there should have been a bond for each judgment appealed from, and that a bond embracing the different judgments is not a compliance with the statute that requires the appellant, in all cases, to give an appeal bond, and, consequently, the motion to dismiss must be sustained.

Appeal dismissed.

Reference

Full Case Name
T. J. Chambers v. J. Fisk and Others
Cited By
5 cases
Status
Published